Prisons (Amendment) Act 1978 (NSW)
PRISONS ( A M E N D M E N T ) A C T , 1978 , N o . 155 ANNO VICESIMO SEPTIMO
ELIZABETHE II REGINE
Act N o . 155 , 1 9 7 8 .
An Act to amend the Prisons Act, 1952, for the purpose of constituting the Corrective Services Commission of New South Wales and transferring to it the powers, authorities, duties and functions formerly conferred or imposed on the Commissioner of Corrective Services; and for other purposes. [Assented to, 29th December, 1978.]
See also the Statutory and Other Offices Remuneration (Corrective Services) Amendment
Act, 1978. BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. This Act may be cited as the "Prisons (Amendment) Act,
1978".
(1) Except as provided by subsection ( 2 ) , this Act shall commence on the date of assent to this Act.
2.
(2) Sections 4 to 8 and Schedules 1 to 4 shall commence
on such day as may be appointed by the Governor in respect thereof
and as may be notified by proclamation published in the Gazette.3 . This Act contains the following Schedules :—
SCHEDULE 1 . — A M E N D M E N T S TO THE PRISONS A C T , 1952, RELATING TO THE CONSTITUTION OF THE CORRECTIVE
SERVICES COMMISSION OF N E W SOUTH W A L E S .
SCHEDULE 2 . — A M E N D M E N T S TO THE PRISONS A C T , 1952, RELATING TO THE CONSTITUTION OF THE CORRECTIVE
SERVICES ADVISORY COUNCIL.
SCHEDULE 3 . — A M E N D M E N T S TO THE PRISONS A C T , 1952, BY WAY OF STATUTE L A W REVISION.
SCHEDULE 4 . — A M E N D M E N T S TO A C T S CONSEQUENT UPON THE CONSTITUTION OF THE CORRECTIVE SERVICES
COMMISSION OF N E W SOUTH W A L E S .
The Prisons Act, 1952, is amended in the manner set forth in Schedules 1, 2 and 3.
4 .
5. The Prisons Act, 1952, is further amended—
(a) by omitting therefrom (sections 4, 6, 17, 29 (2), 41 (4) and 48D excepted) the word "Commissioner" wherever occurring and by inserting instead the word "Com mission" ; (b) by omitting from section 22 (1) the words "he may" and by inserting instead the words "it or he may".
Each Act specified in Column 1 of the Table in Schedule
4 is amended in the manner set out opposite that Act in Column 2
of that Table.
6.
7. A reference in any Act, in any instrument made under any Act or in any other instrument of any kind—
(a) to the Comptroller-General of Prisons, the Deputy Comptroller-General of Prisons, the Commissioner of Corrective Services or the Deputy Commissioner of Corrective Services shall be read as a reference to the Corrective Services Commission of New South Wales; or (b) to the Department of Prisons shall be read as a reference to the Department of Corrective Services.
(1) Any thing done, omitted to be done or suffered by the Commissioner of Corrective Services or the Deputy Commissioner of Corrective Services before the day appointed and notified under
8.
| section 2 (2J shall on and after that day have the same force | and effect as it would have had if it had been done, omitted to be |
| done or suffered by the Corrective Services Commission of New South Wales and if the provisions of sections 4 to 6 and Schedules 1 to 4 had been in force when it was done, omitted to be done or suffered. | |
| (2) Subsection (1) does not apply to a delegation made by the Commissioner of Corrective Services under section 48D of the Prisons Act, 1952, as in force at any time before the day appointed and notified under section 2 ( 2 ) . |
SCHEDULE 1.
A M E N D M E N T S TO THE PRISONS A C T , 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF N E W SOUTH W A L E S .
( 1 ) ( a ) Section 3 ( 1 ) — Omit "the First Schedule to this Act", insert instead
"Schedule 1".
(b) Section 3 ( 4 ) —
Omit "the Second Schedule", insert instead "Schedule
2".
( 2 ) ( a ) Section 4 , definitions of "Chairman", "Commission",
"Commissioner"—
Omit the definition of "Commissioner", insert instead :—
"Chairman" means the Chairman of the Commis
sion;
"Commission" means the Corrective Services Com
mission of New South Wales;
"Commissioner" means a person holding office as
a member of the Commission;
(b) Section 4, definition of "Deputy Chairman"— After the definition of "convicted prisoner", insert : —
"Deputy Chairman" means the Deputy Chairman
of the Commission;
(c) Section 4, definition of "prison rules' '—
After the definition of "prison", insert : —
"prison rules" means rules that have been made
under section 49 and are in force;
SCHEDULE 1—continued.
| A M E N D M E N T S | TO THE PRISONS | A C T , | 1 9 5 2 , RELATING | TO THE |
CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF N E W SOUTH WALES—continued.
(3) Section 5 ( 3 ) —
Omit the subsection.
(4 ) Section 6—
Omit the section, insert instead :—
6. ( 1 ) There is hereby constituted a corporation under the name of the "Corrective Services Commission of New South Wales".
(2 ) Schedule 3 has effect with respect to the con stitution and procedure of the Commission.
( 5 ) Section 7 A — After section 7, insert :—
7A. ( 1 ) The Chairman—
(a) as the chief executive officer of the Commission, shall be responsible for the management of the Department of Corrective Services in accordance with any directions given to him by the Com
mission; and (b) subject to any limitations or restrictions specified in regulations made for the purposes of this paragraph, shall have and may exercise and perform such of the Commission's powers, authorities, duties and functions under this or any other Act, under regulations made under this or any other Act or under the prison rules as may be specified in regulations made for the purposes of this paragraph. SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRISONS A C T , 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF N E W SOUTH WALES—continued.
( 2 ) A regulation made for the purposes of sub
section ( 1 ) (b) may specify any power, authority, duty or function in general or particular terms or by reference to the provision of the Act, regulation or prison rules by which it is conferred or imposed on the Commission.
( 3 ) Any thing done, omitted to be done or suffered
by the Chairman while acting pursuant to subsection ( 1 ) (b) shall be deemed to have been done, omitted to be done or suffered by the Commission.
( 4 ) An instrument purporting to be signed by the
Chairman and relating to the purported exercise or perfor mance of any power, authority, duty or function specified in regulations made for the purposes of subsection ( 1 ) (b) shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Commission under seal and, until the contrary is proved, shall be deemed to be an instrument signed by the Chairman.
( 5 ) Nothing in subsection ( 1 ) prevents the Commission from exercising or performing any power, authority, duty or function specified in regulations made for the purposes of subsection ( 1 ) ( b ) .
( 6 ) Section 1 7 — Omit the section.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRISONS ACT, 1952, RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF NEW SOUTH WALES—continued.
(7) (a) Section 23—
Omit "or of a prison officer" wherever occurring, insert instead ", of a full-time Commissioner or of a prison officer".
(b) Section 23— Omit "or a prison officer", insert instead ", a full-time
Commissioner or a prison officer".
(c) Section 23—
Omit "and prison officers", insert instead ", the full- time Commissioners and prison officers".
(8) (a) Section 29 (1)—
Omit "Minister" wherever occurring, insert instead
"Commission".
(b) Section 29 (2)—
Omit the subsection.
(9) Section 29A—
Omit "subsection (1) or (2) of section 29", insert instead
"section 29 (1)".
(10) Section 30—
After "All", insert "persons employed in the Department of Corrective Services and all".
(11) Section 41 (4 )—
Omit "the Commissioner", insert instead "any full-time
Commissioner".SCHEDULE 1—continued.
AMENDMENTS TO THE PRISONS ACT, 1952, RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF NEW SOUTH WALES—continued.
(12) (a) Section 48A (1 )—
Omit "Minister" wherever occurring, insert instead
"Commission".
(b) Section 48A (2 )—
Omit "approved by the Minister".
(c) Section 48A (3 )— Omit "Minister", insert instead "Commission".
(13) Section 48c—
After "operation of the", insert "Commission and the".
(14) Section 48D—
Omit the section, insert instead :—
48D. (1) The Commission may, by resolution, delegate
to—
(a) a full-time Commissioner or an officer of the
Public Service employed in the administration of this Act; or
(b) a person belonging to such class of officers of the Public Service so employed as is specified in the resolution,
the exercise or performance of such of the Commission's powers, authorities, duties or functions (other than this power of delegation, a power, authority, duty or function which the Chairman may, under section 7A (1) (b), exercise or perform or the Commission's power under SCHEDULE 1—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION OF NEW SOUTH WALES—continued.
section 4 9 ) under this or any other Act, under regulations made under this or any other Act or under the prison rules as are specified in the resolution, and may, by a further resolution, revoke wholly or in part any such delegation.
( 2 ) The Chairman may, by instrument in writing,
delegate to—
(a) either of the other full-time Commissioners or an officer of the Public Service employed in the administration of this Act; or (b) a person belonging to such class of officers of the Public Service so employed as is specified in the instrument of delegation,
the exercise or performance of such of the powers, authorities, duties or functions of the Chairman under section 7A ( 1 ) (b) as are specified in the instrument of delegation and may, by a further instrument in writing, revoke wholly or in part any such delegation.
(3) A power, authority, duty or function, the exercise or performance of which has been delegated under this section, may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance
with the terms of the delegation.
( 4 ) A delegation under this section may be made
subject to conditions or limitations as to the exercise or performance of any of the powers, authorities, duties or functions delegated, or as to time or circumstance.
( 5 ) Notwithstanding any delegation under this
section, the Commission or the Chairman, as the case may be, may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION OF NEW SOUTH WALES—continued.
( 6 ) Any thing done, omitted to be done or suf
fered by a delegate while acting in the exercise of a delegation under this section shall be deemed to have been done, omitted to be done or suffered by the Commission or the Chairman, as the case may be.
(7) An instrument purporting to be signed by a delegate of the Commission or the Chairman in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Commission under seal or by the Chairman, as the case may be, and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Commission or the Chairman, as the case may be, under this section.
( 1 5 ) First Schedule, heading—
Omit "FIRST SCHEDULE", insert instead "SCHEDULE 1".
( 1 6 ) Second Schedule, heading—
Omit "SECOND SCHEDULE", insert instead
"SCHEDULE 2" . SCHEDULE 1—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF NEW SOUTH WALES—continued.
(17) Schedule 3—
After the Second Schedule, insert :—
S C H E D U L E 3.
PROVISIONS R E L A T I N G T O T H E C O N S T I T U T I O N AND P R O C E D U R E O F T H E C O M M I S S I O N .
1. ( 1 ) T h e Commission shall consist of 5 Commissioners appointed in accordance with subclause (2 ) of this clause.
( 2 ) Of the Commiss ioners—
(a) 3 shall be appointed, by an instrument in writing executed by the Governor , as full-time Commissioners ; and
(b) 2 shall be appointed, by an instrument in writing executed by the Governor , as part- t ime Commissioners .
( 3 ) The provisions of the Public Service Act, 1902, do not apply to or in respect of the appointment of a person as a Com missioner and a Commissioner , in his capacity as a Commissioner , is not, except as provided in subclause ( 4 ) of this clause, subject to the provisions of that Act during his t e rm of office.
( 4 ) If the terms and conditions on which a Commissioner is appointed so provide, any specified provisions of the Public Service Act , 1902, of the regulations thereunder , or of the Publ ic Service ( A m e n d m e n t ) Act, 1919 (with or wi thout any specified modifica t ions) apply, except to the extent of any inconsistency between any such provision and any provision of this Act , to and in respect of h im as if he were an officer within the meaning of the Public Service ( A m e n d m e n t ) Act, 1919. 2 . A person who is of or above the age of 65 years shall not be appointed as a Commissioner or to act in the office of a Commissioner under clause 8 ( 4 ) .
3 . ( 1 ) A Commissioner shall, subject to this Act, be appointed for such term, not exceeding 7 years, as may be specified in the instrument of his appoin tment .
( 2 ) A Commissioner is, subject to this Act, eligible for re
appointment from t ime to t ime for a further t e rm not exceeding7 years .
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF NEW SOUTH WALES—continued.
4. One of the full-time Commissioners shall, by the instrument of his appoin tment as a Commissioner or by another instrument executed by the Governor , be appointed as Cha i rman and another
of them as Depu ty Cha i rman . 5. T h e full-time Commissioners shall devote the whole of their t ime to the duties of their offices.
6. ( 1 ) Where , by or unde r any Act , provision is made requiring the holder of an office specified therein to devote the whole of his t ime to the duties of his office, tha t provision does not operate to disqualify h im from holding that office and also the office of a par t - t ime Commiss ioner or from accepting and retaining any remunera tion payable to a part- t ime Commiss ioner u n d e r clause 7 ( 2 ) .
( 2 ) T h e office of part- t ime Commiss ioner shall, for the purposes of any Act , be deemed not to be an office or place of profit under
the Crown .
7. ( 1 ) A full-time Commiss ioner is entitled to be pa id— (a) remuneration in accordance with the Statutory and Other Offices Remunera t ion Act , 1975; and (b) such travelling and subsistence allowances as the Minister m a y from t ime to t ime de termine in respect of h im.
( 2 ) A par t - t ime Commiss ioner is entitled to be paid such
remunera t ion ( including travelling and subsistence al lowances) as
the Minister may from t ime to t ime determine in respect of him. 8. ( 1 ) If at any t ime the office of C h a i r m a n is vacant or the Cha i rman is absent from his office on leave or through illness or any
other cause a n d — (a) no person holds, under subclause (2) of this clause, an appoin tment to act in the office of the Cha i rman , the
Deputy C h a i r m a n — (i) shall act in the office of the Cha i rman ; and
(ii) shall have and may exercise and perform the powers, authorit ies, duties and functions of, and shall be deemed to be, the Cha i rman ; or
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF NEW SOUTH WALES—continued.
(b) a person holds, under subclause (2) of this clause, an appoin tment to act in the office of the Cha i rman , that
p e r s o n —( i ) shall act in the office of the Cha i rman ; and
(ii) shall have and may exercise and perform the powers , authorities, duties and functions of, and shall be deemed to be, the Cha i rman .
( 2 ) If at any t ime the office of the Cha i rman is vacant or the
C h a i r m a n is absent from his office on leave o r th rough illness or any other cause, a person may be appointed by an ins t rument in writing executed by the Minister to act in the office of the Cha i rman while the office of Cha i rman is vacant or the Cha i rman is absent f rom his office on leave or th rough illness or other cause.
( 3 ) If at any t ime the office of a full-time Commissioner (o ther than the C h a i r m a n ) is vacant or such a Commissioner is absent from his office on leave or through illness or any other cause, a person may be appointed by an instrument in writing executed by the Minister to act in the office of that full-time Com missioner and the person so appointed, while so acting, shall have and may exercise and perform the powers, authorit ies, duties and functions of, and shall be deemed to be, a full-time Commissioner .
(4 ) T h e Minister may appoint any person to act in the office of a par t- t ime Commissioner while the part- t ime Commissioner is absent f rom his office on leave or through illness or any other cause, and the person so appointed, while so acting, shall have and
may exercise and perform the powers , authorities, duties and
functions of, and shall be deemed to be, a par t- t ime Commissioner .( 5 ) A Commiss ioner shall, for the purposes of subclause (4 ) of this clause, be deemed to be absent from his office if there is a vacancy in that office which has not been filled in accordance with clause 10.
(6 ) N o person shall be concerned to inquire whether or not any occasion has arisen requir ing or authorising a person to act in the office of a Commissioner or the Cha i rman or Deputy Cha i rman , and all things done or omitted to be done by that person while so acting shall be as valid and effectual and shall have the same
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF NEW SOUTH WALES—continued.
consequences as if they had been done or omitted to be done by that Commissioner or by the Cha i rman or Deputy Cha i rman , as the case may be.
9. ( 1 ) A Commissioner shall be deemed to have vacated his
office—
( a ) if he dies; (b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, com pounds with his creditors or makes an assignment of his remunera t ion , allowances or estate for their benefit;
(c) if he is absent from 3 consecutive ordinary meetings of
the Commission of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the Minister or unless, before the expirat ion of 4 weeks after the last of those meetings, he is excused by the Minister for his absence from those meetings;
(d) if he becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Hea l th Act, 1958, or a person under detention under Part VI I of that Act ;
(e) if he is convicted in New South Wales of a felony or misdemeanour which is punishable by imprisonment for
than in New South Wales of an offence which, if com12 months or upwards , or if he is convicted elsewhere mitted in New South Wales, would be a felony or misdemeanour so punishable; (f) if he resigns his office by writing under his hand addressed to the Governor ; (g) if he is removed from office by the Governor under subclause ( 2 ) of this clause; or ( h ) upon his attaining the age of 65 years.
( 2 ) The Governor may remove a Commiss ioner f rom office for any cause which to him seems sufficient.
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF NEW SOUTH WALES—continued.
10. O n the occurrence of a vacancy in the office of a Commis
sioner, the Governor may, subject to clause 3, appoint a person to
the vacant office.
11 . Th ree Commissioners constitute a quorum at a meeting of
the Commission.
12. ( 1 ) A duly convened meeting of the Commission at which a
quorum is present shall be competent to transact any business of the
Commission.( 2 ) Questions arising at a meeting of the Commission shall be determined by a majority of votes of the Commissioners present and voting.
( 3 ) T h e Cha i rman shall preside at all meetings of the
Commission at which he is present.
(4 ) If the Cha i rman is not present at a meeting of the C o m
mission at which the Deputy Cha i rman is present, the Deputy
Cha i rman shall preside at that meeting.
( 5 ) If both the Cha i rman and the Deputy Cha i rman are not
present at a meeting of the Commission at which the remaining full-time Commissioner is present, that full-time Commissioner shall preside at that meeting.
( 6 ) The person presiding at a meeting of the Commission has a deliberative vote and, in the event of an equality of votes,
also has a casting vote.
13 . T h e Commission shall cause full and accurate minutes to be
kept of its proceedings at meetings and shall submit to the Minister a copy of the minutes of each meeting within 14 days after the date on which the meeting is held.
14. T h e procedure for the calling of, and for the conduct of
business at, meetings of the Commission shall, subject to any pro cedure that is specified in this Act or prescribed, be as determined by the Commission.
59941E-60
S C H E D U L E 1—continued. AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF NEW SOUTH WALES—continued.
15. N o mat ter or thing done, and no contract entered into, by the Commission, and no mat ter or thing done by a Commissioner or by any other person acting under the direction or as delegate of the Commission or the Cha i rman shall, if the mat ter or thing was done, or the contract was entered into, in good faith for the purposes of executing this Act, the regulations made under this Act or the prison rules, subject a Commissioner or person personally to any action, liability, claim or demand.
16. ( 1 ) In this c lause—
"statutory body" means any body declared under clause 18 to
be a statutory body for the purposes of this Schedule;
" superannuat ion scheme" means a scheme, fund or a r rangement unde r which any superannuat ion or ret i rement benefits are provided and which is established by or under any Act .
( 2 ) Subject to subclause ( 3 ) of this clause and to the terms of his appointment , where a full-time Commiss ioner was, immediately before his appoin tment as a full-time Commissioner—
(a ) an officer of the Public Service;
( b ) a contr ibutor to a superannuat ion scheme; (c ) an officer employed by a statutory body; or
(d) a person in respect of whom provision was made by any Act that he retain any rights accrued or accruing to him as an officer or employee,
h e —
(e)
shall retain any rights accrued or accruing to him as such an officer, contr ibutor or person;
(f) may continue to contribute to any superannuation scheme to which he was a contr ibutor immediately before his
appointment as a full-time Commissioner ; and(g)
shall be entitled to receive any deferred or extended leave and any payment , pension or gratuity,
as if he had continued to be such an officer, contr ibutor or person
dur ing his service as a full-time Commissioner , a n d — (h) his service as a full-time Commissioner shall be deemed to be service as an officer or employee for the purpose of
S C H E D U L E 1—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF NEW SOUTH WALES—continued.
any law under which those rights accrued or were accruing, unde r which he continues to contr ibute or by which that enti t lement is conferred; and
(i) he shall be deemed to be an officer or employee for the
purpose of the superannuat ion scheme to which he is
entitled to contr ibute under this clause.
( 3 ) If a full-time Commissioner would, bu t for this subclause,
be entitled unde r subclause ( 2 ) of this clause to contr ibute to a superannuat ion scheme or to receive any payment , pension or gratuity under that scheme he shall not be so entitled upon his becoming (whether upon his appointment as a full-time Commissioner or at any later t ime while he holds office as a full-time Commiss ioner) a contr ibutor to any other superannuat ion scheme, and the provisions of subclause ( 2 ) ( i ) of this clause cease to apply to or in respect of h im in any case where he becomes a contr ibutor to such another
superannuat ion scheme. ( 4 ) Subclause ( 3 ) of this clause does not prevent the pay ment to a full-time Commissioner upon his ceasing t o be a contr ibutor to a superannuat ion scheme of such amoun t as would have been payable to him if he had ceased, by reason of his resignation, to be an officer or employee for the purposes of that scheme.
( 5 ) A full-time Commissioner shall not, in respect of the same period of service, be entitled to claim a benefit unde r this Act and another Act .
17. ( 1 ) In this c lause—
"retiring age" m e a n s — (a) in relation to a person who was, immediately before his appoin tment as a full-time Commissioner , an officer of the Public Service—the age of 60 years; and
(b) in relation to a person who was, immediately before his appointment as a full-time Commissioner , an officer or employee of a s tatutory body—the age at which officers or employees (being officers or employees of the class to which that person belonged
S C H E D U L E 1—-continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION
OF N E W SOUTH WALES—continued.
immediately before his appointment as a full-time Commiss ione r ) , as the case may be, of that statutory body are entitled to retire;
"s ta tutory body" means any body declared unde r clause 18 to
be a s tatutory body for the purposes of this Schedule.
( 2 ) A person w h o ceases to be a full-time Commissioner , otherwise than pursuant to clause 9 ( 1 ) (paragraph (h ) excep ted ) , shall, if he has not at tained the retiring age, be entitled to be appointed, where, immediately before his appointment as a full-time
Commissioner , he w a s — (a) an officer of the Public Service—to some office in the Public Service; o r
( b ) an officer or employee of a s tatutory b o d y — t o some office in the service of that body,
not lower in classification and salary t h a n that which he held
immediately before his appoin tment as a full-time Commissioner .T h e Governor may, by proclamat ion published in the Gazet te ,
declare any body consti tuted by or unde r any Ac t t o be a statutory
body for the purposes of this Schedule.
18.
19. In proceedings by or against the Commission, no proof shall be required (unti l evidence is given to the con t ra ry)
of—
(a ) the constitution of the Commission;
(b ) the passing of any resolution of the Commiss ion;
(c ) the appoin tment of any Commissioner ; or (d) the presence of a quorum at any meeting of the Commission.
SCHEDULE 2.
AMENDMENTS TO THE PRISONS ACT, 1952, RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES ADVISORY COUNCIL.
(1) Section 4, definition of "Council"—
After the definition of "convicted prisoner", insert :—
"Council" means the Corrective Services Advisory Coun cil constituted under section 7B;
| (2) | Sections 7 B , | 7 C , | 7 D — |
Before section 8 , insert :—
7B. (1) There shall be constituted a Council, to be called the Corrective Services Advisory Council.
(2) The Council shall consist of not more than 15 members appointed by the Minister of whom—
(a)
one shall be a Judge of the Supreme Court of New South Wales or the District Court of New South Wales; and
(b)
the remaining members shall be persons who have had experience in at least one of the follow ing disciplines or activities, namely, criminology, religion, sociology, behavioural science, social work, law, medicine, psychiatry, psychology, public administration, education, representation of employees or representation of employers, or in any similar or related discipline or activity.
(3) The Chairman of the Council shall be the
person appointed under subclause (2) (a) of this clause.SCHEDULE 2—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES ADVISORY
COUNCIL—continued.
( 4 ) A Commissioner or a person employed as an
officer of the Department of Corrective Services is not
eligible to be a member of the Council.
( 5 ) A member of the Council shall, subject to this
Act, hold office for a period of 3 years from the date of his appointment and shall be eligible for re-appointment.
( 6 ) Schedule 4 has effect with respect to the
Council.
7c. (1) The Council—
(a)
shall investigate and report to the Minister on such policies, practices and programmes of the Commission and other matters relating to the powers, authorities, duties and functions of the Commission as are referred to it by the Minister for investigation and report; and
(b)
may, with the approval of the Minister, investi gate and report to the Minister on any policies, practices or programmes of the Commission or other matters relating to the powers, authorities,
duties and functions of the Commission. (2) The Minister may publish any report made to him by the Council and any statements or documents accompanying it.
(3) For the purpose of the exercise or performance of the powers and duties of the Council, any member of the Council—
(a)
may visit and examine any prison at any time he thinks fit; and
SCHEDULE 2—continued.
AMENDMENTS TO THE PRISONS ACT, 1952, RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES ADVISORY
COUNCIL—continued.
(b) may examine any files or records of the Department of Corrective Services other than personal files relating to officers employed in the Department or in any prison.
(4) The Commission shall, at the request of any member of the Council, afford him the opportunity of con ferring with any person employed as an officer of the Department of Corrective Services.
7D. (1) The Council may establish sub-committees for the purpose of advising the Council on any matters relating to its powers and functions, and may dissolve any such sub-committee or terminate the appointment of a member of any such sub-committee at any time and for any reason it thinks fit.
(2) A person employed as an officer of the Depart ment of Corrective Services shall not be appointed as a member of such a sub-committee except with the concurrence of the Chairman of the Commission.
| (3) Schedule 4— |
After Schedule 3, to be inserted by section 4 and Schedule
1 (16), insert :—
S C H E D U L E 4.
PROVISIONS R E L A T I N G TO T H E C O N S T I T U T I O N AND P R O C E D U R E O F T H E C O U N C I L .
1. Meetings of the Council shall be held at least once every calendar
month .
S C H E D U L E 2—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES ADVISORY
COUNCIL—continued.
2. (1 ) The Cha i rman of the Council shall preside at all meetings of the Council at which he is present.
( 2 ) If the Cha i rman of the Council is absent from any meeting,
the members of the Council present shall appoint one of their
number to preside at that meeting.
3 . Six members constitute a quorum at a meeting of the Council .
4 . (1 ) A member of the Council shall be deemed to have vacated his office if h e —
( a ) dies; (b) resigns his office by writing under his hand addressed to the Minister;
( c ) is removed from office by the Minister under subclause ( 2 ) of this clause; or
(d) is absent from 3 con:ecutive meetings of the Council of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Minister for his absence from those meetings.
( 2 ) T h e Minister may remove any member of the Council
from office— (a) if that member discloses any information obtained in con nection with the exercise or performance of his functions
as such a member unless that disclosure is m a d e —(i) in connection with the exercise or performance of
his functions as such a member ;
( i i ) for the purpose of any legal proceedings arising out
of this Act or of any report of any such proceedings;
or
(iii) with other lawful excuse; or
(b) for any other cause of any kind whatsoever that to the Minister seems sufficient.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRISONS ACT, 1952, RELATING TO THE CONSTITUTION OF THE CORRECTIVE SERVICES ADVISORY
COUNCIL—continued.
5. Each member of the Council shall receive such remunerat ion (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of him.
6. The procedure for the calling of, and for the conduct of business at, meetings of the Council shall, subject to any procedure that is prescribed, be as determined by the Council .
SCHEDULE 3.
AMENDMENTS TO THE PRISONS ACT, 1952, BY WAY OF STATUTE
LAW REVISION.
(1) (a) Section 3 (2) (b )—
Omit ", or of any Act amending the said Acts" wherever occurring.
(b) Section 3 (2) (c)—
Omit "Superannuation Acts, 1916-1951", insert instead "Superannuation Act, 1916".
(2) Section 4, definition of "convicted prisoner"—
From paragraph (a), omit "subsection (3) of section 23 of the Mental Health Act, 1958, as amended by sub sequent Acts", insert instead "section 23 (3) of the Mental Health Act, 1958".
SCHEDULE 3—continued.
AMENDMENTS TO THE PRISONS ACT, 1 9 5 2 , BY WAY OF STATUTE LAW REVISION—continued.
(3) (a) Section 9 (2 )—
Omit "or of any Act amending that Act,".
(b) Section 9 (2) —
Omit "of any such Act", insert instead "of that Act". (c) Section 9 (4) and (5)—
Omit "as amended by subsequent Acts," wherever occurring.
(4) Section 11—
Omit "Chairman of Quarter Sessions", insert instead
"District Court".
(5) Section 23A—
Omit "paragraph (j), (k), (1), (n), (o), (p) or (q) of section 23", insert instead "section 23 (j), (k), (1), (n), (o), (p) or (q)".
(6) Section 24 (3) — Omit "subsection (3) of section 20", insert instead "section
20 (3)".(7) (a) Section 25—
Omit "subsection (1) of section 35", insert instead
"section 35 (1)".
SCHEDULE 3—continued.
AMENDMENTS TO THE PRISONS ACT, 1952, BY WAY OF STATUTE
LAW REVISION—continued.
(b) Section 25—
Omit ", as amended by subsequent Acts" wherever occurring.
(8) (a) Section 29A—
Omit "subsection (2) of section 12" where firstly occurring, insert instead "section 12 (2)".
(b) Section 29A—
Omit "the said subsection (2) of section 12", insert instead "section 12 (2)".
(9) Section 30—
Omit ", or of any Act amending the same".
(10) (a) Section 50 (1A) —
Omit the subsection, insert instead :—
(1A) A provision of a regulation may—
(a)
apply generally or be limited in its applica tion by reference to specified exceptions or factors:
(b)
apply differently according to different factors of a specified kind; or
(c)
authorise any matter or thing to be from time to time determined, applied or regu lated by any person or body specified or described in the regulation,
or may do any combination of those things.
SCHEDULE 3—continued.
AMENDMENTS TO THE PRISONS ACT, 1952, BY WAY OF STATUTE
LAW REVISION—continued.
(b) Section 50 (3)—
Omit the subsection, insert instead :—
(3) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under this Act as if this Act had been passed after the com mencement of the Interpretation (Amendment) Act, 1969.
(11) (a) Section 53 (1), definitions of "authorized person", "constable", "court", "magistrate", "order", "prison" and "the Territory"—
Omit "subsection (1) of section 3", insert instead
"section 3 (1)".
(b) Section 53 (1), definition of "the Governor-General"— Omit "Acts Interpretation Act 1901, as subsequently amended, of the Parliament of the Commonwealth of Australia", insert instead "Acts Interpretation Act 1901 of the Parliament of the Commonwealth".
(c) Section 53 (2)—
Omit "of Australia" wherever occurring.
(12) Section 54 (2 )—
Omit "of Australia".
S C H E D U L E 4.
| A M E N D M E N T S | TO A C T S | CONSEQUENT | UPON | THE | CONSTITUTION |
OF THE CORRECTIVE SERVICES COMMISSION OF N E W SOUTH
W A L E S .
T A B L E .
Column 1.
Act . Column 2.
| Year and | N o . | Short title. | Amendment . |
| 1912, N o . 41 |
| 1912, N o . 41 | . . | ||
|
Electorates and Omit "Commiss ioner of Corrective Services", Omit "Commiss ioner of Corrective Services",
Elections Act , insert instead "Corrective Services C o m insert instead "Corrective Services C o m 1912. mission of N e w South Wales".
| 1957, N o . | 19 | . . | |
|
1957, N o . 19
inals Act , 1957. Omit "the Comptroller-General of Prisons, or the Deputy Comptroller of Prisons,", the Deputy Comptroller of Prisons,", insert instead "any full-time member of insert instead "any full-time member of the Corrective Services Commiss ion of N e w South Wales". inals Act , 1957.
| 1966, N o . 41 | . . | |
|
1966, N o . 41
ers Act , 1966. Omit "Commiss ioner of Corrective Services" ers Act , 1966.
wherever occurring, insert instead "Corrective Services Commiss ion of
N e w South Wales".
. . Periodic Deten Section 2, definition of " C o m m i s s i o n " —
1970, N o .
| 1970, N o . | 90 | |
|
tion of Omit the definition of "Commiss ioner",
Prisoners Act , insert instead:— 1970. "Commiss ion" means the Corrective Services Commiss ion of N e w South Wales;
Section 5 (4 )—
Omit "Commiss ioner", insert instead " C o m
mission".
Section 6 ( 1 ) (a), (b )— Omit "Commiss ioner" wherever occurring, insert instead "Commiss ion".
Section 7 ( 1 ) — Omit "Commiss ioner", insert instead " C o m mission".
Section 10 (2 )—(a) Omit "the Commissioner or a person nominated by him", insert instead "a person nominated by the Commiss ion", person nominated by the Commiss ion", (b) Omit "The Commissioner or the person nominated by him", insert instead "The person nominated by the Commiss ion".
(b) Omit "The Commissioner or the person Section 10 (3 )—
Omit "Commiss ioner" wherever occurring,
insert instead "Commiss ion".
S C H E D U L E A—continued.
A M E N D M E N T S TO A C T S CONSEQUENT UPON THE CONSTITUTION OF THE CORRECTIVE SERVICES COMMISSION OF N E W SOUTH
WALES—continued.
T A B L E — c o n t i n u e d .
Column I.
Act . Column 2.
Year and N o . Short title. Amendment . 1977, N o . 18 . . Jury Act, 1 9 7 7 . . Schedule 2 ( 5 ) — After "person", insert " w h o is a member of the Corrective Services Commiss ion of N e w South Wales or is".
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